SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE No. 17958 / January 30, 2003
SEC CHARGES ACCOUNTING SUPERVISOR AT MASSACHUSETTS PHARMACEUTICAL
COMPANY AND HIS FATHER WITH INSIDER TRADING
The Commission today filed insider trading charges against George R.
Potter and Timothy J. Potter of Bedford, New Hampshire, in connection
with trading in the securities of Sepracor, Inc., a Marlborough,
Massachusetts-based pharmaceutical company. According to the
Commission's complaint, on October 18, 2000, Sepracor employee Timothy
Potter tipped his father, George Potter, after learning that Eli Lilly
and Company might terminate a license agreement with Sepracor. Minutes
later, the Commission's complaint alleges, George Potter bought
Sepracor put options. The next day, after Sepracor publicly announced
the termination of the license agreement, he sold them, profiting by
$55,172. According to the Commission's complaint, on April 18, 2001,
George Potter transferred approximately the same amount --$55,000 --
to Timothy Potter's account.
The Commission's complaint alleges that Timothy Potter, a manager in
Sepracor's accounting department, learned no later than October 18,
2000, that Eli Lilly and Company might terminate a license agreement
with Sepracor concerning the development of a new version of Lilly's
top-selling antidepressant, Prozac. According to the complaint, on
October 18, Timothy Potter tipped his father about the potential
termination, in breach of a duty he owed to Sepracor and its
shareholders not to trade, or direct others to trade, in the company's
securities while in possession of material, nonpublic information
about the company. The Commission's complaint further alleges that
George Potter, acting on the tip, purchased put options on Sepracor
stock for $30,694 - in effect, betting that the price of Sepracor
stock would fall.
As a result of the conduct described in the complaint, the Commission
charged George Potter and Timothy Potter with securities fraud in
violation of Section 10(b) of the Securities Exchange Act of 1934 and
Rule 10b-5 thereunder, based on their illegal insider trading. The
Commission's complaint seeks injunctive relief, disgorgement of the
profits from their insider trading, plus prejudgment interest, and a
civil monetary penalty of up to three times the amount of the profits
from their insider trading.
The Commission acknowledges the assistance of the Chicago Board
Options Exchange in the matter.
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SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
SEC CHARGES ACCOUNTING SUPERVISOR AT MASSACHUSETTS PHARMACEUTICAL COMPANY AND HIS FATHER WITH
The Commission today filed insider trading charges against George R. Potter and Timothy J.
According to the Commission's complaint, on October 18, 2000, Sepracor employee Timothy
According to the Commission's complaint, on April 18, 2001, George Potter transferred
The Commission's complaint alleges that Timothy Potter, a manager in Sepracor's accounting
According to the complaint, on October 18, Timothy Potter tipped his father about the
The Commission's complaint further alleges that George Potter, acting on the tip, purchased
As a result of the conduct described in the complaint, the Commission charged George Potter
The Commission's complaint seeks injunctive relief, disgorgement of the profits from their
The Commission acknowledges the assistance of the Chicago Board Options Exchange in the
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